On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that “[a]n employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” The Court also re-affirmed that to succeed on a disparate treatment discrimination claim (i.e., a discrimination claim related to a specific person), one must satisfy the motivating factor standard. The motivating factor standard requires a showing that the protected characteristic (e.g., one’s religion, race, etc.) was a “motivating factor” in the at-issue employment decision. A full copy of the Court’s opinion may be found here. (more…)

The Americans with Disabilities Act, 42 U.S.C. § 12191, et seq. (“ADA”), expressly excludes from its protections individuals whose gender identity disorder is not the result of a physical impairment. The so-called “GID exclusion” is found in § 12211(b)(1) of the ADA, which provides, in no uncertain terms, that “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders” do not fall under the Act’s definition of “disability.” (more…)

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then, it has slowly but deliberately moved from fad to mainstream. If Apple’s track record of making products for the masses holds true, wearable tech will continue to take off with the release of the Apple Watch. (more…)

The holidays have come and gone.  I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for.   I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins.  Growing up, opening presents around the holidays was a roll of the dice.  You were just as likely to receive a wool sweater with jingle bells as you were the must-have gift of the season.  If you ‘won’ the sweater, you’d wear it with a smile until mid-January, and then toss into the closet.  If you ‘won’ the must-have gift of the season, you’d play with it well into next Fall.  To this day, my Mom will tell you that the best way to judge a gift is to see how far into the next year you’re still enjoying it (i.e., how far into the next year you’re still playing with it / wearing it / riding it / using it / remembering where you last put it). (more…)